89 So. 2d 334 - Abram v. Odham’s Empirical Analysis

Citation profile

1 federal appellate · 26 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Evidence of malice may be either intrinsic, that is, inferable from the very nature of the defamatory language itself, or extrinsic. Myers v. Hodges, supra, 53 Fla. 197 , 44 So. 357 , 365."”

   7 later decisions quote this exact passage
   e.g. Miami Herald Pub. Co. v. Ane · Amos v. Florida Publishing Co.

2. “"It is obvious that these statements of the defendant Odham are much more damaging, intrinsically, to the plaintiff than a general statement that the plaintiff was a `phoney pollster'. As has been noted, malice is not inferable from the mere fact that the statements are untrue, and in order for the plaintiff to recover he must prove express malice. Coogler v. Rhodes, supra [ 53 Fla. 197 ] 21 So. 109 . But it is our opinion that if the facts published by the defendant Odham in the handbill, quoted above, were, in fact, deliberately fabricated by the defendant Odham, and the jury so found, they would also have the right to infer that this defendant was motivated by purely personal motives of spite and ill will and also to gain the favor of the voters, regardless of the damage caused to plaintiff by the wilfully false statements. Such improper and unjustifiable motives would, in our opinion, justify a finding of malice in fact, on the part of the defendant Odham, so that the communication would lose its qualifiedly privileged character. Loeb v. Geronemus, supra, 66 So.2d 241, 244 . "We hold, then, that as to the defendant Odham the circumstances disclosed by the complaint did not conclusively negative the allegations of express malice made against him by the plaintiff, and that it was therefore error to dismiss the complaint as to this defendant." (emphasis added) Id. at 338 .”

   1 later decision quote this exact passage
   e.g. 231 So. 2d 823 - Gibson v. Maloney

3. “"`You Won't Be Bull-Dozed Or Bluffed By Phoney Pollsters. Have you seen the Joe Abram's "Florida Political Survey and Poll" which reported "Johns leading, Collins coming up fast and Odham slipping?" Joe Abram himself once told Brailey Odham and Jim Etheridge of Tampa just how his poll worked. He said that if Odham would give him (Abram) $1500.00 for 1500 "subscribers" to his survey and poll that he (Abram) would see to it that the Odham "friends" received poll ballots and that would assure Odham of "making a good showing in the poll"'". Id. at 338 .”

   1 later decision quote this exact passage
   e.g. 231 So. 2d 823 - Gibson v. Maloney